Legal Opinion

In re the Estate of Gallaher

New York Surrogate's Court

Decided October 14, 1931PublishedCited by 3 opinions

1Opinion of the Court

Foley, S.

The executrix of the deceased executor and the surviving executor of decedent’s estate have filed their accounts. Objections were filed thereto.

1. Question has arisen as to the amount of commissions to be allowed to the accounting executors, who claim a full commission on the funds accounted for. They claim they are entitled to separate commissions as executors and trustees, as their duties in each capacity are separable and distinct. This claim is resisted by the objectants, who contend that the executors and trustees are entitled to but one commission, as their duties are not…

2Cases cited8 opinions

  1. In Re the Accounting of BusheNew York Court of Appeals · 1919
  2. Olcott v. . BaldwinNew York Court of Appeals · 1907
  3. In Re the Accounting of ZieglerNew York Court of Appeals · 1916
  4. In re the Estate of AbrahamsNew York Surrogate's Court · 1930
  5. In re the Estate of JacksonNew York Surrogate's Court · 1930

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. In re the Judicial Settlement of the Account of Proceedings of PielAppellate Division of the Supreme Court of the State of New York · 1940
  2. In re the Estate of BendheimNew York Surrogate's Court · 1940
  3. In re the Judicial Settlement of Account of Proceedings of PutneyAppellate Division of the Supreme Court of the State of New York · 1932

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